Sandra Fawn v. Massachusetts Department of Transportation (SPR 20222574)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 29, 2022 SPR22/2574 Stephen W. Shorey, Esq. Senior Counsel, Public Records and Records Management Office of General Counsel Massachusetts Department of Transportation 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Shorey: I have received the petition of Sandra Fawn appealing the nonresponse of the Massachusetts Department of Transportation (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 26, 2022, Ms. Fawn requested: [1] The complete set of 25 percent design plans. Complete set of 25 percent design plans showing boundaries and descriptions of proposed easements (the Easements) for each parcel affected by the project. [2] Any preliminary plans and sketches showing boundaries and descriptions of proposed easements for each parcel affected by the project. [3] Notices of public hearings regarding the project. [4] Notices of public hearings where the Easements were presented to the public for comment. [5] Public comments regarding the project. [6] Design and engineering notes, emails, sketches, between MassDOT and/or Stantec and/or Town of Orange regarding the project. [7] Design and engineering notes, emails, sketches, from or to [a named individual] regarding the project. [8] Design and engineering notes, emails, sketches, from or to [a named individual] regarding the project. [9] Design and engineering notes, emails, sketches, from or to Stantec regarding the project. [10] Communications, notes, emails, sketches regarding rationale of utilities locations, proposed easements, removal of private property walls, steps, and walkways. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Stephen W. Shorey, Esq. SPR22/2574 Page 2 November 29, 2022 [11] Transcripts, minutes, audio or video recordings of any public hearings where the Easements were presented to the public for comment. [12] Any other Public Records defined by Massachusetts Public Records Laws, G.L. c. 4, §7, clause 26 pertaining to the project including proposals for location of easements, and removal or modification of private property within the proposed Easement boundaries[.] Claiming to not yet have received a response, Ms. Fawn petitioned this office and this appeal, SPR22/2574, was opened as a result. Subsequently, I learned that a representative from the Department intends on providing a written response to Ms. Fawn. Accordingly, the Department is ordered to provide Ms. Fawn with a response in accordance with the Public Records Law, its Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Fawn may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Sandra Fawn